A basic call for humanity: the story of Alex Kelly

The events that lead to the death of a 15-year-old boy in a young offender institution last year demonstrate that reform is needed not to satisfy some left-wing notion of soft justice, but to introduce a basic standard of humanity.

In January last year, a 15-year-old boy was found unconscious in his cell at Cookham Wood, a young offender institution in Kent. He had hanged himself with his shoelaces. Staff tried to resuscitate him and paramedics attended before he was taken to hospital, but he was pronounced dead at 19:30 GMT.

His name was Alex Kelly. Here is his story, which is told in a case review into his death by Tower Hamlets Safeguarding Children Board.

Alex was in the care of Tower Hamlets council and was serving a 10 month detention and training order for burglary and theft from a vehicle. He was taken into care at the age of 6 after being repeatedly raped by a family member over a substantial period of time. According to the report, “The abuse had a profound effect on his emotional health and behaviour throughout the rest of his childhood.”

He became preoccupied with finding out about his history, his identity and why he was not living with members of his family, which led to increasing difficulties with his behaviour. Tower Hamlets provided no allocated social worker from October 2011 until shortly before the time of his death. Prior to this, he had eight different social workers between 2002 and 2012.

After sentencing in the Magistrates’ Court, the local Youth Offending Team recommended that Alex should be sent to Cookham Wood – despite the fact that his vulnerability meant he would have been eligible for placement in a small unit offering higher levels of support, like a secure children’s home.

At the time of his death he was on an open ACCT (Assessment, Care in Custody and Teamwork) plan. This was because he had threatened to “string up” on a number of occasions, was cutting himself and blocking the observation panel in the cell door. He received formal disciplinary charges in response to these cries for help.

The Serious Case Review found that there were serious failings in the working relationship between the health service, the mental health service and prison officers in Cookham Wood. If mental health staff had taken account of the records of prison officers regarding his behaviour, his risk of suicide would have been assessed as much higher, which would have influenced the way he was managed. For example, they might have removed his trainers from his cell. He also managed to stop his medication without staff being aware.

The night he died was the first time at Cookham Wood that he mentioned the previous sexual abuse he had suffered in conversation with a prison officer. His observations were increased to five per hour. He hanged himself in between these observations.

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Alex was the second young boy to die in a week by his own hand in a young offender institution, and one of three to die in 2011-2. There have been 34 deaths since 1990. The prisons ombudsman found two may have suffered bullying in the young offender institutions, were extremely vulnerable and should have been moved to specialist units. Evidence from CCTV suggested that even when staff witnessed harassing behaviour from other young people it was not adequately challenged.

There was a familiar problem maintaining a balance between care and discipline - or in the report’s words:

Assessments of vulnerability and risk of self-harm did not adequately weigh static risk factors against presentation or fully take into account the complex ways children can show emotional distress.

I speak to Andrew Neilson, Director of Campaigns at the Howard League for Penal Reform, to try to make sense of this case. He tells me:

The case is extreme: he took his own life - but it’s typical of the young people we encounter who end up in custody. We see a lot of chaos, neglect and abuse. We see police and social services aware of these problems but not intervening.

Once these youths offend, then the weight of the state comes down on them - but it’s the criminal justice system, which only serves to compound the problem. The punishment comes first: the welfare is an afterthought. It’s a problem which is only set to get worse as prison budgets are cut.

Neilson tells me that Alex’s problems were exacerbated by the fact he wasn’t in prison for a serious crime:

The people who come in for more serious crimes will be subject to more intense interventions in a bid to stop them offending again.

The state in its entirety failed Alex Kelly. While the Serious Case Review makes a number of important recommendations for Cookham Wood and Tower Hamlets council, one institution that isn’t held to account is the judiciary: in this case the magistrate that sentenced him.

Magistrates make vital decisions every day,” says Neilson, “But they have very little accountability. To some degree it’s understandable: we want to maintain the judicial independence of judges - but in the end they’re lay people and so we believe they should have more contact with the outcomes of their decisions, as it may influence the decision-making process in the future.

Neilson suggests nothing has been learned from the recent reports into these deaths:

The Government’s Transforming Youth Custody Consultation outlined all the welfare issues surrounding children who end up in prison, but then it just ignored them and went concentrated on education and secure colleges.

Calling for a root and branch reform of the way we treat the most vulnerable in our society is not some left-wing call for soft justice. It’s a basic call for humanity. More than that: it’s economically logical: every child like Alex Kelly costs tens of thousands every year to keep incarcerated. Basic things like sharing information better, improving access to mental health care and tackling bullying in child prisons are the most minor steps. That the Government would rather prioritise its latest ideological agenda is highly disappointing.

The Serious Case Review found that there were serious failings in the working relationship between those responsible for Alex. Photo: Getty

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

Photo: Getty
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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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